LOK SINGH DURWASA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The grievance of the petitioner is that the respondents No.5 and 6 are encroachers of the Government land situated in village Kukrramath, Janpad Panchayat Samnapur, District Dindori, but the authorities are not taking any action for removal of the encroachments.

(2.) A perusal of the Madhya Pradesh Lok Parisar (Bedakhali) Adhiniyam, 1974 shows that the competent authority is competent to order eviction of unauthorized occupation of any public premises. The public premises means any building or part of a building and includes the garden, grounds and out-houses, if any, appertaining to such building or part of a building. On the other hand, u/s 248 of the Madhya Pradesh Land Revenue Code, 1959, the Tehsildar is competent to seek eviction of any person who is in unauthorized possession of unoccupied land. Therefore, in respect of premises as defined u/s 2(c) of the 1974 Act, it is the competent authority, who is competent to seek eviction of unauthorized occupants, whereas u/s 248 of the M.P. Land Revenue Code, Tehsildar is competent to seek possession from any unauthorized occupant of any unoccupied land.

(3.) Since there is alternative statutory machinery provided for eviction of unauthorized occupants under the aforesaid two statutes, we dispose of the present writ petition with direction to the Collector and/or the Tehsildar to take action against the unauthorized occupants High Court of Madhya Pradesh in accordance with law expeditiously.